General Terms and Conditions
1 Offers and orders
Our offers are subject to change. Upon acceptance of an order, the following General Terms and Conditions shall apply exclusively. Should deviating terms and conditions of the customer exist, these shall only be effective if they are confirmed by us in writing.
2. Prices
Unless otherwise agreed, all prices in our offers, price lists and order confirmations shall apply ex our respective place of business. The prices charged shall be those valid on the day of delivery. Any packaging and transportation costs incurred shall be invoiced additionally.
3. Delivery dates
Specified delivery dates are non-binding. Partial deliveries are permissible. The buyer cannot make any claims if the delivery date is exceeded. Unforeseen obstacles or force majeure shall release the customer from adherence to the agreed deadlines or from the execution of orders at all. Claims for damages against Rumberger Musikinstrumente for delay or non-fulfillment are excluded if there is neither intent nor gross negligence. If, after acceptance of the order, our company receives information about the customer which appears to jeopardize our claim, we are entitled to withdraw from the order. In this case, the customer shall have no claims for damages.
4. Packaging and shipping
Delivery shall be ex Prutting. Any shipment shall be at the expense and risk of the recipient. Unless the customer requests a special shipping method, Rumberger Musikinstrumente may arrange the shipment at its discretion.
5. Payment
Unless otherwise agreed, payment must be made within 8 days of the invoice date without any deductions. In the case of delivery by cash on delivery, the cash on delivery costs shall be borne by the purchaser. If payment terms to the contrary are agreed, we are free to revoke these at any time without giving reasons. In the event of information about a deterioration in the buyer’s financial situation after delivery has been made, we shall be entitled to demand immediate payment of outstanding invoices. In the event of late payment, we are entitled to charge interest on the purchase price at a rate of 5% above the respective base interest rate. In addition, all reminder and collection fees are to be reimbursed by the purchaser. If the company Rumberger Musikinstrumente has demonstrably incurred higher damages, we can claim these from the buyer.
6 Retention of title
The goods remain the property of Rumberger Musikinstrumente until all claims against the customer, including all ancillary claims, have been paid in full. The customer is not entitled to resell or offer the goods to third parties until the purchase price has been paid in full. The customer hereby assigns to Rumberger Musikinstrumente his future claims against the purchaser in the amount of the purchase price agreed between Rumberger Musikinstrumente and the customer, including interest and ancillary claims. Rumberger Musikinstrumente accepts this assignment.
7. Returns, complaints and warranty
The customer has the option of returning the purchased goods to us within 14 days without giving reasons. The goods must be returned or sent back to Rumberger Musikinstrumente in proper condition, without signs of use and free of third-party rights. Timely dispatch is sufficient to meet the deadline. Software can only be returned if the seal is undamaged. Custom-made products and sheet music cannot be returned. Complaints regarding missing or incorrectly delivered items must be made within 8 days. In general, a warranty period of 24 months from the date of purchase applies to new products as well as to our own products. For used items, we grant a warranty period of 12 months from the date of purchase. For some products, longer manufacturer warranty periods apply if they are specified by the respective manufacturer. Excluded from any warranty are natural wear and tear, defects or damage caused by culpable or improper handling or improper installation. Also excluded from any warranty are damages due to the use of unsuitable accessories or modifications to the original parts by the customer or a third party not authorized by Rumberger Musikinstrumente. Otherwise, the warranty shall be governed by the statutory provisions. The customer shall only be entitled to warranty claims due to existing transport damage if he has fulfilled his duty of inspection and notification. This does not apply if the customer is a private buyer. If the customer accepts the goods or the subject of the order despite being aware of a defect, he shall only be entitled to warranty claims to the extent described above if he expressly reserves the right to do so in writing immediately after receipt of the goods. Rumberger shall only be liable for damages in the event of intent or gross negligence. The provisions of the Product Liability Act shall remain unaffected. In the event of a material breach of the contractual obligation, our liability shall be limited to the foreseeable damage.
8. Place of performance and jurisdiction
The place of performance for delivery and payment and the place of jurisdiction for both contracting parties is Rosenheim, provided the customer is a merchant or legal entity. German law shall apply exclusively.
9. General
Should individual provisions of these GTC be invalid, this shall not affect the legal validity of the remaining provisions. Any further agreements, amendments or additions must be made in writing.
(Status January 2007)